The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios
(2014) In NIR: Nordiskt immateriellt rättsskydd 83(4). p.340-357- Abstract
- Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3) & (4), this paper discusses the legal nature and prerequisites of these provisions, as well as the options and strategic choices that patent proprietors and applicants are facing. Considering the pros and cons of the emerging unitary system in light of a persisting uncertainty of how to interpret relevant stipulations, it is emphasized that there will be no clear-cut solutions. Rather the suitability of each approach will have to be evaluated on a case-by-case basis, taking into account all circumstances surrounding an invention,... (More)
- Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3) & (4), this paper discusses the legal nature and prerequisites of these provisions, as well as the options and strategic choices that patent proprietors and applicants are facing. Considering the pros and cons of the emerging unitary system in light of a persisting uncertainty of how to interpret relevant stipulations, it is emphasized that there will be no clear-cut solutions. Rather the suitability of each approach will have to be evaluated on a case-by-case basis, taking into account all circumstances surrounding an invention, its patent-claims and the underlying business strategy. Recognizing that the worst thing to do is to do nothing at all, we conclude with a summary and some general remarks. (Less)
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- author
- Minssen, Timo LU and Lundqvist, Björn LU
- organization
- publishing date
- 2014
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Patent law, Unitary patent, IP strategy, patent prosecution, patent litigation, Immaterialrätt
- in
- NIR: Nordiskt immateriellt rättsskydd
- volume
- 83
- issue
- 4
- pages
- 18 pages
- publisher
- Föreningen för Nordiskt Immateriellt Rättsskydd
- ISSN
- 0027-6723
- language
- English
- LU publication?
- yes
- id
- 0e701105-61b7-45b2-8808-d9ec0792d8d5
- date added to LUP
- 2020-12-16 14:07:56
- date last changed
- 2020-12-29 10:23:06
@article{0e701105-61b7-45b2-8808-d9ec0792d8d5, abstract = {{Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3) & (4), this paper discusses the legal nature and prerequisites of these provisions, as well as the options and strategic choices that patent proprietors and applicants are facing. Considering the pros and cons of the emerging unitary system in light of a persisting uncertainty of how to interpret relevant stipulations, it is emphasized that there will be no clear-cut solutions. Rather the suitability of each approach will have to be evaluated on a case-by-case basis, taking into account all circumstances surrounding an invention, its patent-claims and the underlying business strategy. Recognizing that the worst thing to do is to do nothing at all, we conclude with a summary and some general remarks.}}, author = {{Minssen, Timo and Lundqvist, Björn}}, issn = {{0027-6723}}, keywords = {{Patent law; Unitary patent; IP strategy; patent prosecution; patent litigation; Immaterialrätt}}, language = {{eng}}, number = {{4}}, pages = {{340--357}}, publisher = {{Föreningen för Nordiskt Immateriellt Rättsskydd}}, series = {{NIR: Nordiskt immateriellt rättsskydd}}, title = {{The ”opt out” and “opt in” provisions in the Unified Patent Court Agreement – Impact and strategies for European patent portfolios}}, volume = {{83}}, year = {{2014}}, }